Letter on the penitentiary system of Pennsylvania. Addressed to William Roscoe, Esquire, of Toxteth Park, near Liverpool ..

UNIVERSITY
OF PITTSBURGH

Dar. Em.

HV9^75
p4V38

LIBRARIES

LETTER

ON THE

PENITENTIARY SVSTEBI

OF

PENNSYLVANIA.

Addressed to

WILLMM ROSCOE, ESQUIRE,

OF TOXTETH PARK, NEAR LIVERPOOL,

ROBERTS VAUX.

PHILADELPHIA:
PRINTED BY JESPER HARDING.

1827.

H V 9^7r

The following Letter, which originally appeared in
the National Gazette, was subsequently republished in all
the daily journals of Philadelphia excepting one, and has
since been transferred to several newspapers of the inte-
rior of Pennsylvania, and also to some of those of other
states, accompanied, in most instances, by approbatory
editorial remarks. This favourable notice of the infor-
mation, and opinions furnished in his letter, has induced
the acting Committee of the Prison Society of this city,
and the writer, to believe, that further benefit would
result from the distribution of it in pamphlet form, which
is his sole motive for thus presenting it to his fellow-
citizens, with some collateral matter appended.

R. V,

Mulberry Street, /

6 mo. 4, 1837. /

Letter to William Roscoe, Esquire^ of Toxteth Park,
near Liverpool.

However painful it may be to differ in opinion from a gentle-
man of venerable age and large experience — of distinguished and
various attainments — and of acknowledged benignity of mind, I
am nevertheless impelled by a sense of duty to dissent from some
of the conclusions which 1 have met with in a pamphlet, for
which I am indebted to thy kindness, and which was transmitted
to me by the last Packet, entitled 'M brief statement of the causes
which have led to the abandonment of the celebrated system of peni-
tentiary discipline, in some of the United States of America, c^-c. by
William Roscoe, Esquire.'''

Except in the defence of valuable and important principles, I
should ever desire to avoid controversy ; and if 1 did not believe
that through a singular misconception of the design and efforts
now employed to perfect the penal code and prison discipline of
Pennsylvania, well settled doctrines were improperly assailed,
and rendered liable to popular disaffection merely because they
are not generally understood, I would have forborne addressing
myself thus publicly to thy attention, and to the notice of the
citizens of my native State.

In a free scrutiny which this subject demands, I may perhaps
betray an earnestness which it is difficult for me to disguise, when
my judgment and feelings are enlisted, but 1 am sure I shall not
intentionally transcend the bounds of perfect respect so eminent-
ly due to thy character.

Before I proceed to notice those parts of the essay in question,
which appear to me to be very objectionable, I take great plea-
sure in admitting to the utmost extent, the opinions advanced in
several of its introductory passages. Among these, I fully be-
lieve that a criminal retains all his natural rights, except so far
as he is legally divested of them — that moral and religious treat-
ment of convicts, with a view to their reformation, ought to be
mainly regarded, and conscientiously administered — that the
severity used to maintain the discipline of the Penitentiary at
Auburn, in the State of New York, is utterly unjustifiable, and
will fail to yield any but the most pernicious results — and, finally,
that the benign precepts and sacred obligations of Christianity,
must influence and control all successful exertions to restore to

virtue this class of our erring fellow men, as well as rule every
other availing endeavour for promoting the security and happi-
ness of human society.

The pamphlet asserts, that in Philadelphia, where for more
than forty years some of its most enlightened, judicious and esti-
mable inhabitants have been assiduously engaged to carry these
excellent principles into operation, " the celebrated system ofpeni-
tentiai-y discipline has been abandoned,'''' and in its place solitary con-
finement is to be substituted, " the most inhuman and unnatural that
the cruelty of a tyrant ever invented, no less derogatory to the charac-
ter of human nature than it is in direct violation of the leading princi-
ples of Christianity.^'' p. 24.

Here allow me to remark, that the first position assumed has
no foundation whatever in fact; and the second, which is true,
is attempted to be disposed of by high and solemn denunciation,
as inapplicable as it is unkind, and wholly unmerited.

From the earliest period of their labours, as my " J^otices of
the original and successive efforts to Reform the Penal Code,'''' a copy
of which is in thy possession, will abundantly manifest, the found-
ers of " the celebrated system of penitentiary discipline''' were con-
vinced, that the solitary confinement of criminals was the only
effectual mode of treating them. But until buildings suitable for
carrying their plans into complete effect could be provided, the
County Prison, though in many respects unfit for their purposes,
served, with some alterations, to illustrate the advantages of the
new, over the old method of punishing convicts. The gallows,
excepting for one oft'ence — the pillory — the whipping post, and
other ignominious penalties invented in a cruel age, were, by
the exertions of the benevolent men to whom I have alluded,
no longer permitted to disgrace Pennsylvania.

Instead of keepers armed with weapons of death and flagella-
tion, prepared to destroy, or to inflict corporal chastisement, as
they might deem either merited — instead of the most humiliating
and disgusting spectacle of human degradation, misery, and pol-
lution, which the unrestrained association of persons of all ages,
colours, and sexes, and for all grades of crime, that for many
years anterior to the revolutionary war, was exhibited in the
common jail of this city, — by the unwearied labours of a (qw
philanthropists, that lawless reign of severity, immorality, and
wrong, was brought to an end. The prisoners were classified and
employed as far as it was practicable, comparative order and de-
cency of conduct were introduced, altogether furnishing an in-
stance of melioration and improvement, which no country in this
respect had ever before shown.

Happy as these icsuUs were admitted to be, and much as thcy
enlitlcd those who were instrumental in producing ihcm, to the

respect and gratitude of mankind, yet the actors in this work ot
mercy were convinced, that the perfection of prison discipline —
its primary great purpose, which they steadily kept in view —
the reformation of the subjects of it, greatly, if not wholly depended
upon their separate confinement. This principle they then
avowed, and have ever since continued to advocate under a firm
conviction, derived from long and careful observation, that any
association of convicts would deprave those who were allowed
to partake of it.

To induce the legislature to construct edifices, adapted to the
separate confinement of the prisoners, was the earnest and repeat-
ed solicitation of the members of the Prison Society, as well as
other citizens who became interested in the subject; and they
ultimately succeeded in procuring laws which provided for the
erection of penitentiaries upon this principle, and for this express
purpose, in the eastern and western extremities of the State.
Those penitentiaries are accordingly so planned and built, and
at a much greater expense, than would otherwise have been re-
quired.

Let it not then be said, and credited, that " the celebrated sys-
tem of Penitentiary discipline has been abandoned'''' in Pennsylvania,
when proof so conclusive is brought to establish the fact, that
the genuine original system yet remains to be carried into full
etfect.

On taking leave of this branch of the subject, I will appeal (o
thy candour, and to that of every other man, whether it can be
believed that gentlemen, whose Christian benevolence, and untir-
ing perseverance, conferred upon sutlering humanity the vast
benefits 1 have enumerated, could be capable of suggesting a
mode of punishment, " the most inhuman and unnatural that the
cruelty of a tyrant ever invented.''''

It is very evident to my mind, that the true nature of the
separate confinement which is proposed, requires explanation. I
will therefore endeavour to describe, what is intended by its
friends. Previously, however, it ought to be understood, that
the chambers and yards provided for the prisoners, are like an}^
thing but those dreary, and fearful abodes, which the pamphlet
before me would represent them to be, " destined to contain an
epitome and concentration of all human misery, of which the Bastile
of France, and the Inquisition of Spain, zoere only prototypes and hum-
ble models.'''' — p. 25.

The rooms of the new Penitentiary at Philadelphia are fire
proof, of comfortable dimensions, with convenient courts to each,*

• The exact size of tlie chambers is 8 feet by 12 feet, the highest point of the
ceiling 16 feet. The yards are 8 feet by 20 feet.

8

built on the surface of the ground — judiciously lighted from the
roof — well ventilated and warmed, and ingeniously provided with
means for affording a continual supply of excellent water, to en-
sure the most perfect cleanliness of every prisoner, and his apart-
ment. They are, moreover, so arranged as to be inspected, and
protected, without a military guard, usually though unnecessa-
rily employed in establishments of this kind in most other states.

In these chambers no individual, however humble, or elevated,
can be confined, so long as the public liberty shall endure, but
upon conviction of a known and well defined offence, by the ver-
dict of a jury of the country, and under the sentence of a court,
for a specified time. The terms of imprisonment it is believed
can be apportioned to the nature of every crime with considera-
ble accuracy, and will no doubt be measured in that merciful de-
gree, which has uniformly characterized the modern penal legis-
lation of Pennsylvania. Where then, allow me to inquire, is
there in this system the least resemblance to that dreadful recep-
tacle constructed in Paris, during the reign of Charles the Fifth,
and which at different periods through four centuries and a half,
was an engine of oppression, and torture, to thousands of innocent
persons; or by what detortion can it be compared to the inqui-
sitorial courts and prisons, that were instituted in Italy, Portugal,
and Spain, between the years 1251 and 1537?

With such accommodations as I have mentioned, and with the
moderate duration of imprisonment contemplated on the Pennsyl-
vania plan, I cannot admit the possibility of the consequences
which thy pamphlet predicts, " that a great number of individuals
will probably be put to death by the superinduction of diseases insepara-
ble from such mode of treatment.^'' p. 26. I do not apprehend either
the physical maladies, so vividly portrayed, or the mental suf-
ferings, which with equal confidence it is promised, shall " cause
the mind to rush back upon itself and drive reason from her seo/."
p. 25. On the contrary it is my belief, that less bodily indispo-
sition, and less mortality, will attend separate confinement, than
imprisonment upon the present method, for which some reasons
might be given that it would be improper here to expose.

The average number of prisoners in the penitentiary in this
city, for several years past, has been nearly six hundred; and
with all the care taken to preserve their health, two hundred and
seventy-nine were in the hospital in 1825, and two hundred and
sixty-four in 1826, besides those who were under treatment for
slight indisposition, which did not require their introduction into
the medical ward. The proportions of sick in previous years
were about the same, and the average number of deaths for seven
years was upwards of six per cent. So that the invasion of dis-
ease, and the stroke which terminates human existence, would

seem to be more frequent in jails than among the same number
of persons in the ordinary condition of life. The cells of the old
penitentiary are small, and badly contrived, and yet many indi-
viduals have, for acts of violence committed in the prison, been
confined in them for six, nine, and twelve months in succession, ge-
nerally in irons, and always on a low diet, but no case of mental
alienation has ever occurred there. When the mind becomes hard-
ened by a career of vice, ultimately reaching a point of degra-
dation which fits it for the perpetration of those crimes that are
punishable under the penal statutes, no fear of exciting its tender
sensibilities need be entertained, by its mere abstraction from
equally guilty minds, so as to induce either melancholy or mad-
ness. All experience proves how difficult it is to make any im-
pression whatever upon the feelings of the benighted and unhap-
py subjects of criminal punishment.

But I have been insensibly led from the exposition which is
most material to be given, and return to submit the promised ex-
planation, of what is intended by separate confinement, and what
benefits its friends confidently expect will result from its adop-
tion. It should, however, be continually borne in mind, that a
penitentiary is designed for the correction and safe keeping of
that portion of society, whose unrestrained licentiousness renders
them unfit for the enjoj^ment of liberty ; and so long as men are
constituted as we now find them to be, we have no reason to sup-
pose any people will be exempt from the necessity of prisons
and penal laws. Whilst, therefore, a sickly sensibility which
would indicate impunity for crime, ought carefully to be avoid-
ed, the treatment of prisoners should be of such a nature, as to
convince them " that the way of the transgressor is hard;'''' the law,
and those who administer its penalties, at the same lime regard-
ing offenders not as the subjects of revengeful chastisement,
but through exemplary suff'ering, candidates for amendment of
life.

By separate confinement, therefore, it is intended to punish those
who will not control their wicked passions and propensities,
thereby violating divine and human laws; and moreover to effect
this punishment, without terminating the life of the culprit in the
midst of his wickedness, or making a mockery of justice by form-
ing such into communities of hardened, and corrupting trans-
gressors, who enjoy each other's society, and contemn the very
power which thus vainly seeks their restoration, and idly cal-
culates to afford security to the state, from their outrages in fu-
ture.

In separate confinement every prisoner is placed beyond the
possibility of being made more corrupt b}' his imprisonment,
since the least association of con\ irts with ericli other must in-

10

evitably yield pernicious consequences in a greater or less de-
gree.

In separate confinement^ the prisoners will not know who are
undergoing punishment at the same time with themselves, and
thus will be afforded one of the greatest protections to such as
may happily be enabled to form resolutions to behave well when
they are discharged, and be better qualified to do so; because
plans of villainy are often formed in jail which the authors car-
ry into operation when at large, not unfrequently engaging the
aid of their companions, who are thereby induced to commit new
and more heinous offences, and come back to prison under the
heaviest sentences of the law.

In separate confinement^ it is especially intended to furnish the
criminal with every opportunity which christian duty enjoins»
for promoting his restoration to the path of virtue, because seclu-
sion is believed to be an essential ingredient in moral treatment,
and with religious instruction and advice superadded, is calculat-
ed to achieve more than has ever yet been done, for the mise-
rable tenants of our penitentiaries.

In separate confinement a specific graduation of punishment can
be obtained, as surely, and with as much facility as by any other
system. Some prisoners may labour — some may be kept with-
out labour — some may have the privilege of books — others may
be deprived of it — some may experience total seclusion — others
may enjoy such intercourse as shall comport with an entire se-
paration o{ prisoners.

In separate confinement, the same variety of discipline, for of-
fences committed after convicts are introduced into prison, which
any other mode aflbrds, can be obtained, though irregularities
must necessarily be less frequent, — by denying the refractory
individual the benefit of his yard, by taking from him his books
or labour, and lastly, in extreme cases, by diminishing his diet to
the lowest rate. By the last mean, the most fierce, hardened,
and desperate offender can be subdued.

By separate confinement other advantages of an economical na-
ture will result; among these may be mentioned a great reduc-
tion of the terms of imprisonment: for instead of from three to
twenty i/e«rs, and sometimes longer, as many mon</iy, excepting
for very atrocious crimes, will answer all the ends of retributive
justice, and penitential experience, which, on the actual plan,
the greatest detention in prison altogothcr fails to accomplish. —
Besides this abatement of expense in maintaining prisoners, very
few keepers will he required on the new system, and as the fe-
males shoiild l)c entrusted wholly to the custody of suitable indi-
viduals of their own sex, their services can of course be secured
for less compensation than men. Such of the prisoners as may

11

be employed, will necessarily labour alone, and the kinds of busi-
ness in which they will be engaged, not being as rough, and ex-
posing, as those now adopted, the expenditure for clothing must
be much diminished.

On the score of cost, therefore, if that indeed be an object in
a work of this magnitude, the solitary plan recommends itself to
the regard of the public economist. But the problem of expense,
in my opinion, can only be truly solved, by showing the cheap-
est method of keeping prisoners to be, that which is most likely
to reform them, to deter others by the imposing character of the
punishment, from preying upon the honest, and unotfending mem-
bers of society, afterwards involving heavy judicial costs to
establish their guilt — and becoming at last a charge to the coun-
try as convicted felons.

I have thus, as briefly as the nature of the subject would al-
low, presented some of the merits of the Pennsylvania plan to
thy view; and when I consider that the essay which gave rise
to these remarks approves of Solitary Confinement at night, and
deprecates association by day, without a classification which it
would seem to be impossible to accomplish, I am at a loss to dis-
cover, why entire seclusion should recciVe the harsh condemnation
originally quoted.

The advocates of a mild and efficient system of penal jurispru-
dence, and prison discipline, have reason to feel great solicitude
at the present moment, lest by mistaken ideas of large expendi-
tures on the one hand, and unfounded fears of cruelty on the
other, some such scheme as that of Auburn, with its arbitrary
policy, and frightful catalogue of abuses* may obtain in Penn-
sylvania, to the exclusion of the plan recommended by the long
and steadfast friends of her prisonreform.

1 am, very respectfully,

ROBERTS VAUX.

Philadelphia, 5 mo. 10th, 1827.

• Vide the report of a commission of investigation made to the senate of
New York, 1827.

12

APPENDIX.
Lord Mansfield on Solitary Confinement.

Extracted from Holliday's sketch of the life, &c. of William, Earl of Mansfield.

" To manifest his (the earl of Mansfield's) opinion of the salu-
tary effects of the new jails in Sussex, Gloucester, Oxford, Staf-
ford, and other counties, where useful reform has been promoted hy
solitary confinement^ he was accustomed to relate the following
dialogue between himself and the governor of Horsham new jail
in Sussex.

'■^ Lord Mansfield. A few hours only have flitted away since,
in the discharge of my duty as a judge, I delivered your new
jail. I was very much pleased at the sight of a calendar where
the number of prisoners, which formerly have fallen to my lot
to try at Horsham, was reduced more than one half I am now
very much astonished to find, that the few prisoners I have tried
at this period would not occupy one-fourth part of the new jail.
How can your lord lieutenant satisfy the county of Sussex that
there has not been prodigality in raising so large and stately an
edifice, three-fourths of which appear to be untenanted?

" The answer was: — ^y lord, I must leave his grace of Rich-
mond to answer for himself. I have very little doubt of our lord
lieutenant acquitting himself of your lordship's heavy charge of
prodigality. This, my lord, 1 can truly say, that I was twelve
years keeper of the old jail, and have been nearly twelve years
governor of the present county prison. I can say farther that
the new jail was built upon a plan to contain the average num-
ber of criminals and debtors which the old prison was accus-
tomed to hold. But, my lord, although in days of yore my visi-
tors were very troublesome and very frequent in their visits to
me, discharged at one assizes and in prison again within the old
walls long before the next, yet such, my lord, is the effect of our
solitary confinement^ and of making a rogue think a little, and be-
come acquainted xmth himself that in the course of the last twelve
years 1 can solemnly declare before your lordship, that only one
t>ingle prisoner h^?> been t7vice within these walls!"

The earl replied, " this language of experience is very forcible,
and the fact ought to be more generally known."

13

The letter from which the following extract is made, was
written in prison, where the author of it is now confined, and
is a genuine document, entirely the result of his own observa-
tions and reflections, during a penitentiary, or jail life, of seve-
ral years. Such testimony must outweigh any amount of mere
speculation, and is eminently entitled, from the knowledge and
sincerity with which it is given, to the attentive consideration of
legislators and philanthropists.

Extract of a Letter from a Convict on the Penitentiary

System.

Philadelphia Penitentiary, March 14, ISSr.
Much Respected Sir,

In addressing you upon a subject which has been so fully and
ably canvassed by men of respectability, learning, and eminent
talents, I do it with humility, being conscious of my own infe-
riority and want of literary acquirements; but notwithstanding
the disadvantages under which I labour, from the want of these
powerful auxiliaries, I have the superiority in one important
point, which is — the actual suffering and degradation, with the
consequent feelings the convict experiences, and of which no
man can form an adequate idea save him who suffers. I am
aware, sir, that much has been said, and that the public prints
have teemed with controversy, respecting the laws which are to
be passed relative to the new penitentiary, and that a diversity
of opinions have been offered to the public, few of which agree
upon the plan to be pursued. The cause is obvious, and 1 am
not at all surprised at the different opinions expressed upon this
important subject; for it is not in the power of those who have
not associated with prisoners on the most intimate terms to know
the effect confinement and punishment has upon them. But
having, unfortunately, suffered myself, and been for a long time
confined among men of all descriptions, from almost every part
of the globe, — many of whom have experienced punishment in
various prisons in the United States, and some parts of Europe,
— I have had a fair opportunity of learning from them, the true
and undisguised effects their different punishments have had
upon their minds; for they would be naturally open and free to
me, whereas when in conversation with any citizen or officer of
the institution, they would deviate from the truth, and endeavour
to make that system the most severe which was to them the most
favourable. The main object of the penitentiary system is, I
believe, (and ought to be) the reformation of the criminal, and
the suppression of crime. To obtain this much desired end, has
for ages baffled the wisdom of men, and the mode which has been

14

most universally established and pursued, has had a contrary
effect; and instead of a decrease, the number and aggravation
of depredations have been greatly augmented. The cause is
evident. Take for example, a youth, young and inexperienced
in vice, arrested on a charge of felony, or perhaps some trifling
offence, and committed to Arch street prison to await his trial,
Xvhere he is immediately surrounded by every description of
"beings (except the good and virtuous) from the vagrant to the
most abandoned robber, and by those yet young in infamy, to
others who have grown grey in its service. His feelings, 'tis-
true, at first are full of horror, combined with heart-felt peni-
tence, but in a few days it wears off, and he can then listen to the
passing jest, and various tales of his companions, and with eager
ness attend, while they relate the many successful depredations
they have committed, the amount of money they have amassed,
and the pleasures they have enjoyed, all of which will be suffi-
ciently exaggerated. His mind soon becomes filled with these
ideas, and he gradually becomes a convert to their debased prin-
ciples; and should he be acquitted at court, or discharged by
the influence of friends, he enters into society with his morals
corrupted, his mind inflamed with the pernicious counsels of his
prison advisers, and in the event he becomes a convict.

This, my dear sir, is no fiction; hundreds have felt the truth
of what I relate; and both old and young have fallen into the
same snare, becoming a pest and torment to society, when by a
different method of confinement they might have returned bet-
,ter members than before their commitment.

As the untried apartment is only the preparatory school of
vice, i would suggest the propriety of a different course to be
pursued in that prison; if there cannot be solitary apartments,
let each individual committed be examined by a judicious officer
of the Institution, and according to the knowledge he may pos-
sess himself of, and by other information, and also, according to
the crime with which the prisoner may be charged, let him be
iplaccd with those whose character corresponds with his own, and
ibr this purpose there must be a classification of untried prison-
ers, and let there be no communication from one class to another ;
if they labour, let them be in different yards; eat at different ta-
bles, and be placed in separate rooms at night ; but an entire
separation would be preferable, if it was practicable— as the
most penetrating person might sometimes be deceived in his
opinions of the ciiaracter and disposition of the prisoner comnn't-
ted. When I assert that the County Prison is the school, I may
with propriety state the Penitentiary, according to the present
arrangements, to be the college of vice and infamy. In the form-
er, men toinnuticc ihc study of every species of vice, while in

002.^187R

^^ 040

15

the latter they reduce it to a settled theory, and only wait for an
opportunity to try the experiment of the many long concerted
plans they have formed, by the help of the most hardened adepts
in every species of villainy. Pursuing their labour during the
day, and herded together at night, from the number of thirty to
forty, without distinction of crime, age or disposition, the young
and old offenders often become close and intimate companions.
I have known many to enter the Penitentiary with but few vices
and some virtues, perhaps from the interior of the State, young
in vice, although at the age of manhood, and truly honest — but
convicted for manslaughter — yet before they left the prison be-
come converts to the raging mania of their infamous associates.
Thus under the present discipline, where one becomes reformed,
hundreds are added to the catalogue of hardened and dangerous
characters.

In the erection of a new prison and a revision of the 'Kenal
Code of Laws, new regulations to govern it, might do away these
pernicious and dreadful effects. The only proper mode in; my
humble estimation is Solitary Conjinement, and that the convicts""
should be excluded from all communication with each other,'€rven;;;;
by look or speech. Much has been said in favour of tbVf'ele-';'*.
brated Auburn Prison, and in some respects it certainly d«3(»p,ves«"'
praise. I have conversed with several who have undergtrrte a.»*''
servitude in that prison, and from the feelings and senjiments.'.]^;
they express, and the effect it had upon them, I am conviHsed: ' ',
that, instead of endeavouring to reclaim the convict, the govern-".**'
ment of that prison is such as to embitter and exasperate )hel* ;*.
mind of those placed under their care; for it appears the.Meast//,.''
deviation from the most trifling rules, is punished with barbwity^^,.
and unexampled severity; whipping and beating appear, to -be
the order of the day. The folly and pernicious effects 7>C,tJie*'t.'
rigorous course pursued in that prison, must certainly be j-evqlt-
ing to the minds of all wise, judicious, and humane pel^&*qns. •'*'!
Corporal and severe punishment ought ever to be avoicIociV it . .*.*•
not only degrades and sours the mind of the convict, bufk.is a
stigma on those who inflict it: it also hardens the heart pT-lhe
oft'cnder and renders him callous and dead to every honoflrM/Je
and virtuous feeling; his whole soul is bent and determined.'en
revenge, and he never will forget the cruelty which has been* ex-
ercised towards him. But a humane and impartial treatment^
combined with determined justice, will constrain him to feel and
exercise gratitude towards the officers placed over him, and truly
thankful to that society, who have compassionated him, even in
his fallen state.

FINIS,

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